Back / lumbar spine decisions — 2019

The Board has decided to remand the claims for service connection for lower back disorder, IBS, and GERD due to new evidence indicating current disorders not previously addressed.

The Board has remanded the case due to inadequate examination and failure to comply with duty to assist. The Veteran's back disability is being reviewed again for proper service connection determination.

The Veteran's initial rating of 40 percent for low back disability is granted, while a higher rating for PTSD with depression remains denied. The issues of service connection for skin disability and TDIU are remanded.

The Board has dismissed the appeal for service connection for degenerative disc disease of the cervical spine and has remanded the issue of service connection for degenerative disc disease of the lumbar spine.

The Board has remanded the Veteran's claims due to his failure to appear for a scheduled DRO hearing. The Veteran will be given another opportunity to present his case at a rescheduled hearing.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, development of records, and consideration of all issues.

The Board denied the Veteran's claims for service connection for a chronic ear condition and lumbar radiculopathy, finding that there was no evidence of a chronic ear disability during service or in the first year after separation. The Board also found that the Veteran's lumbar radiculopathy was not caused or aggravated by his service-connected PTSD or diabetes mellitus.

The Board has remanded the Veteran's claims for service connection for lumbar spine, bilateral hip, bilateral knee, and bilateral leg disabilities due to conflicting medical opinions.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, including service treatment records and a VA examination. The Veteran is seeking service connection for his back disability.

The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.

The Board denied service connection for a low back disability, finding no credible evidence of a current disability related to service and noting the long lapse between separation from service and the earliest documented complaints.,Service connection was also denied for a left eye disability (claimed as pseudophakic with retinal pigment changes), based on lack of credible evidence showing an injury or aggravation during service.

The Board has remanded the Veteran's claims for service connection and increased rating for his lumbar spine and right knee disabilities due to incomplete records, need for new examinations, and need for clarification on whether the Veteran's conditions are related to his service-connected left knee condition.

Service connection is granted for shin splints, right shoulder disability, and bilateral ankle disabilities.,Service connection is granted for esophageal diverticulum, dumping syndrome, pancreatitis, anemia, syncope, heart condition, hypertension, back condition, asthma, and sleep apnea. The Veteran's claim for service connection for chronic fatigue syndrome (CFS) has been denied as there is no evidence of a current diagnosis.,Service connection is granted for headaches.

The Board has decided to remand the claim of service connection for a low back disorder due to the need for an examination and review of outstanding VA treatment records.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment from August 8, 2009 to December 12, 2016.

The Board has remanded the claims for right hip, left hip, left knee, and lower back disabilities due to insufficient medical opinions regarding their etiology.

The Veteran's claim for increased ratings for lumbar spine chronic strain with degenerative disc disease is being remanded due to the lack of a quantification of additional functional loss during flare-ups.

The Veteran does not have any current disabilities related to his claimed sleep disorder, vertigo, vision impairment, respiratory disability, colon disability, or bilateral hearing loss that are attributable to active service.,His current tinnitus is not related to active service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher ratings for his shoulder and knee conditions, or service connection for his hip and spine disabilities.

The Veteran's headaches and hypertension are not service-connected as they did not manifest during active duty, nor are they linked to his Gulf War service or PTSD.,His lower back disability is not service-connected due to lack of evidence showing it was present in service or within the presumptive period for undiagnosed illnesses. The Veteran's current IBS is also not service-connected as there is no link between his active duty and this condition.